(a) A person may not furnish or deliver an alcoholic beverage to a person under the age of 21 years. This subsection does not apply to a licensee or an agent or employee of a licensee while working on licensed premises.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $50,000
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.125 and Alaska Stat. § 12.55.135

Terms Used In Alaska Statutes 04.16.051 v2

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(b) This section does not prohibit the furnishing or delivery of an alcoholic beverage

(1) by a parent to the parent’s child, by a guardian to the guardian’s ward, or by a person to the legal spouse of that person if the furnishing or delivery occurs off licensed premises; or
(2) by a licensed physician or nurse to a patient in the course of administering medical treatment.
(c) Acts unlawful under Alaska Stat. § 11.51.130 are not made legal by (b) of this section.
(d) A person who, with criminal negligence, furnishes or delivers an alcoholic beverage to a person under 21 years of age in violation of (a) of this section commits the crime of furnishing or delivering to a minor.
(e) Furnishing or delivering to a minor is

(1) a class A misdemeanor, except as provided in (2) of this subsection;
(2) a class C felony if

(A) within the five years preceding the violation, the person has been previously convicted under

(i) this section; or
(ii) a law or ordinance of this or another jurisdiction with elements substantially similar to this section;
(B) the person who receives the alcoholic beverage negligently causes serious physical injury to or the death of another person while under the influence of the alcoholic beverage received in violation of this section; in this subparagraph,

(i) “negligently” means acting with civil negligence; and
(ii) “serious physical injury” has the meaning given in Alaska Stat. § 11.81.900 (b); or
(C) the violation occurs within the boundaries of a municipality or the perimeter of an established village that has adopted a local option under Alaska Stat. § 04.11.491 and has not opted out of applying a class C felony to violations of this section under Alaska Stat. § 04.11.491 (g).
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